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Congress, 

Sesfiion. 



HOUSE OF REPRESENTATIVES. 



RErORT 

No. '2o:i. 



WAR WITH THE IMPERIAL AND ROYAL AUSTRO- 
HINCiARIAN G0VP:RNMENT. 



Decembkk G. 1917. — Committed to the Committee of tlie Whole Hou.se on the 
state of the Union and ordered to be printe<l. 



Mr. P'liOOD. from the Committee on Foreign Affairs, submitted the 

following 

REPORT. 

[To accompany H. .1. Res. 169.] 

The Committee on Foreign Ati'airs, to which was referred tlie joint 
resolution (H. J. Res. 169) declaring that a state of war exi.^ts be- 
tween the Imperial and Royal Austro-Hungarian Government and 
the Government and people of tlie United States and making provi- 
sion to pro.secute the same, having had the same under consideration, 
reports it back with amendment, and recommends that the resolution, 
as amended, do pass. 

Page 1, strike out the preamble and insert in lieu thereof the fol- 
lowing: 

Whereas the Iiiipcrial and Uo.val Austni-Hniij;ariaii (Hivcnmicnt lias s»^v- 
ered dipidinalif rclatiftiis with the «;ov«Tniii<'iiI oC the liiitcd Statrs <if AiiH'iMca 
and has (((luiiiitted acts of war against the Government and people of the 
I'liited States of Anierh-a. aiiKtii^ which are its adherence to the policy of 
ruthless suhiiiarinc warlan- adopted by its ally, the Imperial Ccrnian (lovern- 
meiit, with wiiicli the riiilcd .States of America is at war, and hy Kivin;? to 
ita ally active sup[iorl and aid on both land and .sm In the prosecution of war 
against the (Jovcrnniciit and pcoiilc of the Tnitnl States of America: Therefore 
be it 

The President has asked for the declaration that a state of war 
exists against Atistria-IInngary. 

In his address, tU'livered at the joint session of the two Houses 
of ("ongress on December 4, he uses this language : 

One very embarrassing obstacle that stands in our way Is that we ore at 
war with Cermaiiy. but not with her allies. I therefore very earnestly recom- 
menil that the ('(iii^ress hnmediately declare the United States in a state of 
war with Austria-llunuary. 

The accompanying resohition carries out this recommendation of 
the President. 



\ 



2 WAE WITH IMPEEIAL AND ROYAL '^iJ^-HUNGAEIAN GOVERNMENT. 

The enactment of this declaration involved very little readjustment 
of the aflfairs between the United States and Austria-Hungary, be- 
cause a state of war which this declaration declares to exist actually 
has been a fact for many months. The depredations on American 
lives and rights by Austrian naval forces has been small compared 
with that of Germany, but they have been indulged in to an extent 
to constitute war upon this country, and this fact, taken in connec- 
tion with other acts of Austria-Hungary, has more and more brought 
that Government into a position where the American people have 
realized that she must be included with Germany as an enemy. 

ACTIVniKS OK AISTKIAN A.MBASSAUOR AND CONSULS. 

In September, 1915, it was discovered that Ambassador Dumba 
and Austrian consuls in St. Louis and elsewhere were implicated in 
instigating strikes in American manufacturing plants engaged^in the 
production of munitions of war. An American citizen ^*named 
Archibald, traveling under an American passport, had been intrusted 
with dispatches in regard to this matter from Dumba and Bern- 
storlf to their (jovernments. These acts were admitted by Dumba. 
By reason of the admitted purpose and intent of Dumba to conspire 
to cripple business industries in the United States, and I)y reason of 
the flagrant viohitiou of diplomatic propriety in employing an 
American citizen protected by an American passport as a secret 
bearer of official dispatches through the lines of an enemy of Austria- 
Hungary, the Aiisti-o-TIungaiian (lovernmeut Avas requested to recall 
Dumba. 

The Austrian consuls at St. Louis and New York were implicated 
with Dumba in these transactions, particularly in the circulation of 
strike propaganda. They were implicated in procuring forged pass- 
ports from the T'nited States for the use of their countrymen in 
going home. 

Long before the above activities were made public, our Govern- 
ment had evidence that the Austrian dii)lomatic and consular service 
was being used in this country for (Termany's warlike purposes. 

Austria's position as to subjuarine warfare. 

While Austria's submarine warfare has been of a very limited 
character, they have adopted and adhered to the policj'^ of the ruth- 
less submarine warfare of the Imperial German Government. 

After diplomatic relations with Germany had been broken, the 
department on P^ebruary 14, 1917, dispatched the following telegram 
to the Americ^an embassy at Vienna, surve,ying briefly the position 
of the Austrian (lovernment on submarine warfare: 

In the AiDericiiii note of December (i. UH."), to the*Aiistro-Hungarian Goveni- 
iiieiit ill the Aiicona case, this Govei'niueut called attention to the views of the 
(lovernment <»i" the United States on the operations of sulimarines in naval war- 
fare which had l)een e.\|)ressed in no nnceitain terms to the ally of Austria- 
Hunjrary, and of whiili fnll knowledjre on the part of the Austro-Hungarian 
(lovernment was presnmed. In its reply of December l.o, 191.5, the Inrperial 
jiud Uoyal Uovernmenl slated that it was not possessed with authentic kuowl- 
<«djre of all of the iiertinent corresjxnidence of the United States, nor was it of 
the opinion timt siu-h knowledge would be sufficient to cover the Anconu ctse 
wlMch was of essentially a ditferent .-liaracter from those under discussion witli 
the r.erlin (Jovenmient. Nevertheless, in reply to the American note of Decem- 

0. of D. 

^AN 8 1918 



/ 



WAR WITH IMPERIAL AND ROYAI, ArSTHO-HUN<4ARIAN GOVERNMENT. 3 

her 19. IDl.i. the Au.stro-Hiiiigariai) Governiiieut. in its note of December 20. 
stated : 

"As concerns the principle expressed in the very esteemed note that hostile 
^private ships, in so far as they do not flee or offer resistance, may not be t!e- 
stroyed without the persons on board having been placed in safety, tlie Im- 
perial and Royal Government is able substantially to assent to this view of 
the Washington Cabinet." 

Moreover, in the case of the Per.sia^ the Austro-Hiiiigarian Govern- 
ment, in January, 1916, stated in eii'ect that while it had received 
no information with regard to the sinking of the Perma^ j^et, in case 
its responsibility were involved, the Government would be guided by 
the principles agreed to in the Ancona case. 

Within one month thereafter, the In)perial and lioyal (xovernment, coinci- 
denrly with the German declaration of February 10, 1916, on the treatment of 
armed mtrchantmen announced that "All nipi-chaut vessels armed with cannon 
for whatever purpose, by this very fact lose the character of peaceable vessels," 
and that, "Under these conditions orders have been given to Austro-Hungarian 
naval forces to treat such ships as belligerent vessels." 

In accordance with this declaration several vessels with Americans on board 
haA e been sunk in the Mediterranean, presumably by Austrian submarines, 
some of which were torpedoed without warning by submarines flying the Aus- 
trian flag, as in the cases of the British steamei-s Secondo and Welsh Prince. 
Inquiries made through the Amer-ican ambassador at Vienna as to these cases 
have so far elicited no information and no reply. 

Again, on January 31, 1917. coincidently with the German declaration of sub- 
marine danger zones in waters washing the coasts of the entente countries, the 
Imperial and Royal Government announced to the United States Government 
that Austria-Hungary and its allies would from February 1 " prevent by every 
means any navigation whatsoever within a definite closed area." 

From the foregoing it seems fair to conclude that the pledge given in the 
Ancono. case and confirmed in the Persia case is essentially the same as that 
given in the note of the Imperial German Government dated May 4, 1916, viz. 
" In accordance with the general principles of visit and search and destruction 
of merchant vessels recognized by international law, such vessels, both within and 
without the area declared as a naval war zone, shall not be sunl?; without warn- 
ing and without saving human lives, unless these ships attempt to escape or offer 
resistance," and that this pledge has been modified to a greater or less extent 
by the declarations of the Imperial and Royal Government of February 10, 1916. 
and January 31, 1917. In view, therefore, of the uncertainty as to the inter- 
pretation to be placed upon those declarations, and particularly this lattei- 
declaration, it is important that the United States Government be advised 
definitely and clearly of the attitude of the Imperial and Royal Government in 
regard to the prosecution of submarine warfare in these circumstances. 

Please bring this matter orally to the attention of the Austrian Government 
and request to be advised as to whether the pledge given in the Ancona and 
Persia cases is to be interpreted as modified or withdrawn by the declarations 
of February 10, 191G, and January 31, 1917, If after your conversation it 
seems advisable, you may hand to the Minister for Foreign Affairs a paraphrase 
of this instruction, leaving the quoted texts verbatim. 

In reply, the Austrian Government, in an aide memoire of March 
2, 1917, after reviewing the illegal blockade measures of the allies, 
stated that " it now as heretofore firmly adheres to the assurances 
given by it" in the Ancona case. 

The Austro-Hungarian Government also stated that Austro-Hun- 
garian submarines had taken no part in the sinking of the British 
steamers Secondo and Welsh Prince, and that "the assurance which 
it gave the Washington Cabinet in the Ancona case, and renewed in 
the Persia case, has neither been withdrawn or restricted by its decla- 
rations of February 10, 191G, and January 31, 1917." 

The Austro-Hungarian note endeavors, through a legal argument, 
to show consistency between these assurances and its declarations. 



4 WAR WITH IMPERIAL AND ROYAL AUSTRO-HUNGARIAN GOVERNMEK T. 

In this wav the Austro-Hungarian Government evades a direct an- 
swer to the American inquiry, but in its argument it substantially 
adheres to the declaration of January 31, 1917, for it states that— 

Tlie entire declaration is essentially nothing else than a warning to the effect 
that no merchant ship may navigate the sea zones aconrately <letined in the 
declaration. 

and that — 

Tlie Imperial and Koyal Government is, however, unable to accept a respon- 
sibility for the loss of "human lives which, nevertheless, may result from the 
destruction of armed ships or ships encountered in the closed zones. 

In view of this acceptance and avowal by the Austrian Govern- 
ment of the policy which had led to a breach of relations between the 
United States and Germany, the Government of the United States 
found it impossible to receive Dumba's successor, Count Tarnowski. 
The Government felt that it could not receive a new ambassador from 
a country wliich joined Germany in her submarine policy, even 
though its participation might be by verbal and not physical coopera- 
tion. This was comnuinicated to the Austrian Government in a 
telegram from the department dated March 28, 1917. 

In his message to Congress of April 2, 1917, the President said, in 
respect to the attitude of Austria-Hungary : 

I have said nothing of the Governments allied with the Imperial Government 
of Germany because they have not made war upon us or challenged us to de- 
tenu our right and our honor. The Austro-Hungariau Government has, in- 
<leed. avowed its unqualified indorsement and acceptance of the reckless and 
lawless submarine warfare adopted now without disguise by the Imperial 
German Government, and it has therefore not been possible for this (Jovernnieut 
to receive Count Tarnowski. the Ambassador recently accredited to this Gov- 
ei-nment by the Imperial and Royal Government of Austria-Hungary; but that 
Government has not actually engaged in warfare against citizens of" the Ignited 
States on the seas, and I take the liberty, for the present at least, of postpon- 
ing a discussion of our relaticms with the authorities at Vienna. We enter this 
war only where we are cleai-ly forced into it because tliere are no other means 
of defending our rights. 

The Austrian note of January 31, 1917, proclaimed the same sub- 
marine policy as that of Germany, and officiallv announced her in- 
tentioii, if she saw fit, to pursue the same ruthless submaiine policy 
that Germany had inaugurated. 

Many vessels have been sunk by submarines in the Mediterranean— 
the area m which Austrian submarines operate— by submarines, 
which carried no flag or mark and the nationality of which was 
unknown. A great many of these undersea craft\re believed tO' 
have been Austrian submarines or submarines commanded by Aus- 
trian officers or supplied from Austrian bases or by Austrian means 

Un April 4, 191 i, the American four-masted schooner Marnuerite 
was sunk by submarine 35 miles froni the coast of Sardinia! while 
en route to hpam. 1 h e .submarine carried no flag or marks to indi- 
cate Its nationality. It is known, however, that Austrian was the^ 
Language spoken by the officer of the submarine who came aboard 
the vessel with the boarding party, and it is believed that the sul)- 
marine was Austrian. 

On November 21. 1917 the SchuylkUl was sunk oft' the coast of 
Algeria hy an Austrian submarine; thus Austria is making, whenever 
opportunity affords the same ruthless submarine warfaie tTiat Ger 
many is making, in disregard of the promises made this Goveniinent. 



SI 



/' 



WAB WITH IMPERIAL AND ROYAL AUSTEO-HUNGARIAN GOVERNMENT. 5 

in violation of the law of nations and the instincts of humanity, 
and is as much at war with this country as Germany was after her . 
note of Januarv 31, 1917, and the subsequent smkmg of American 
ships and the drowning of American citizens. 

SEVERANCE OF DIPLOMATIC RELATIONS BY ATTSTRIA-HUNGARY. 

Before war was declared to exist between the United States and 
the Imperial German Government, it was intimated to the United 
States Government that if war should be declared by the United 
States upon Germany, Austria-Hungary would be under obligation 
to break off diplomatic relations with the United States. Conse- 
quently after the declaration of war of April 6, 1917, the Austro- 
Hungarian Government informed the American charge at Vienna 
on A])ril 8 that diplomatic relations between the United States and 
Austria-Hungary were broken and handed him passports for him- 
self and members of the embassy. The following is a translation 
of the note handed to the American charge by the Austrian min- 
ister for foreign affairs: 

IMPEKIAL AND ROYAL MINISTRY OF THE 
IMPEEIAV. AND ROYAL HOUSE AND OF FOREIGN AFFAIRS, 

Vienjia, April 8, Ivli. 

Since the United States of America has declared that a state of war exists 
between it and the Imperial German Government, Austria-Hungary, as allj 
of tlie German Empire, has decided to break off the diplomatic relations with 
the United States, and the imperial and royal embassy in Washington has been 
instructed to inform the Department of State to that effect. 

While regretting under these circumstances to see a termination of the per- 
sonal relations wliich he has had the honor to hold with charge d affaires of 
the United States of America, the undersigned does not fail to place at the 
former's disposal herewith the passport for the departure from Austria-Hungary 
of himself and the other members of the embassy. , ., ^ 

At the same time the undersigned avails himself of the opportunity to renew 
to the charge d'affnii-es the expression of his most perfect consideration. 

CZEBNIN. 

To Mr. Joseph Olakk Grew, 

Char()4 (V Affaires of the United States of America. 

AUSTRO-GERMAN OPERATIONS AGAINST ITALY. 

Until the present Austro-German drive in northern Italy, the 
Austrian forces were gradually being driven back by the forces of 
the Italian armies. With the assistance of German troops drawn 
from the Kussian front, a very serious catastrophy was inflicted upon 
the Italian arms, which if it had not been stemmed might have 
resulted in the total collapse of Italy. Such a result Avould have been 
a great blow to those with whom we are associated in this war, and 
as much to the United States as to any of her cobelligerents. 

As a result of this situation the Allies have rushed aid to Italy, 
and the United States is sending ships, money, and supplies, and 
will probably soon send troops, who will be facing and making war 
on Austrian soldiers, and before this takes place there should be a 
declaration of war, this country against Austria-Hungary. 

The Italian situation is of the utmost importance in the present 
conduct of the war. A declaration of war by the United States 
against Austria-Hungary will hearten the people of Italy, who have 
been misled bv the mischievous and deluding propaganda engineered 



6 \VAR WITH IMPEHIAI. AND ROYAL AUSTEO-HUNGARIAN GOVERNMENT. 

by the Germans. It will strengthen from a military point of view 
the whole allied cause. These are strong reasons for a declaration 
of war against Austria-Hungary. 

These considerations, and the fact that Austria-Hungary is adher- 
ing to the illegal and inhumane policy of ruthless submarine Avarfare. 
and is, as the committee believes, making war upon American vesseh 
and American citizens upon the high seas, and other reasons which 
are not deemed necessary to recapitulate here, induced the committee 
to report unanimously the accompanying resolution declaring that 
a state of wai- exists between the Imperial and Eoyal Austro- 
Hungarian Government and the Government and people of the 
United States and making provision to prosecute the same. 

The action of the committee was unanimous, and it trusts that the 
resolution will be adopted unanimously by the House. 



LIBRARY OF CONGRESS 



020 915 839 5 



